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Sold a faulty part

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Hi all. New to the forum and looking for a bit of advice before I pursue legal remedy for an ABS pump I had supplied and fitted by a local garage which turned out to be faulty. It's a fairly long story so please bear with me!

I noticed problems with the ABS system in my '04 Octavia at the start of last year. I took it to the main dealer who diagnosed a faulty pump, quoting me around £1500 for the repair. I shopped around for a better quote a garages I'd used previously and went with the best one I found.
The car went in and the pump was changed but unfortunately the problem remained. Diagnostics were unable to identify any further issue but the garage suggested they try a few other other things. More parts and labour later, still the original problem persisted and the bill now stood at over £1200. The only option remaining, according to the garage, was for them to take car off my hands, for "scrap", in lieu of payment. I politely declined and reluctantly settled the bill in full.
I took the car back home (Czech Republic) to an authorised Skoda mechanic along with the original diagnosis. There they replaced the pump again and lo and behold, problem solved! I informed the garage in the UK of the situation and asked for a refund, for the pump itself and additional work carried out as a result of them fitting a non-functional part. After much correspondence, they finally agreed to send the part back to their supplier for testing. Last week came word from their supplier that the waranty was not to be honored for the following reasons and that there was nothing more to be done (copy and pasted verbatim):
1. Part to replace faulty unit could have been done by dealership in Europe
2. Parts warranty cannot be done now as it is off vehicle & (name of supplier) can not authorise for electrical items
3. All warranty above £100 must be taken to relevant dealership.

Regardless, my agreement is with the garage who carried out the work, not their supplier and I believe they are liable under the CCA, as they sold me a non-functional unit. Of course, no one wants to accept responsbility but I am prepared to take pursue legal action as this has caused me a lot of time and money.

Does anyone have any advice how the CCA may apply in this case, what my options are or any other relevant information?

Thanks in advance.

If I understand this correctly, you paid a UK garage to fix a problem with the ABS and they SUPPLIED AND FITTED a new ABS pump that was later found to be faulty. The fault persisted and that garage was unable to fix the problem.

The car was taken to a garage in the Czech Republic and the pump was found to be faulty. Replacing the pump fixed the problem.

The situation is simple. The original garage fitted a faulty part (or it was damaged due to faulty installation) and were given a chance to fix the problem. They failed to do so.

Whenever a garage supplies and fits a part, they are liable for both the cost of the part and installation costs. Any parts warranty from the part manufacturer is between the garage and parts supplier. The garage is the supplier's customer - not you.

Provided you have returned the part to the garage, I don't see how you owe them anything. You paid them to fix a problem, which they did not. You again gave them a chance to fix the problem and they did not. You need to write to them explaining this and then contact your credit card company to ask for a chargeback.

  • 3 weeks later...

I believe that falls under the sales of goods act, so you should be covered.

To be honest the english garage is to blame also as it is not uncommon for faulty parts to be supplied and they should have tried another before fiddling around with other things.

...I believe that falls under the sales of goods act...

No. In this case, it would be covered by the 'Supply of Goods and Services Act 1982'.

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